day of at at c. 94. And further take notice, that the justices of this division will 35 & 36 Vict. hold a petty session on the which you may appear and appeal against the said order on all or any of the grounds stated in the fifty-sixth section of the said act. By order of the justices, [Place and date.] J. C., clerk of the petty sessional [Place and date.] [stating it (41) Indorsement of a The within licensed person has this day been convicted before J. S. and J. L., Esquires, of the offence of and date shortly] under section of the Licensing Act, 1872 (or 1874), and adjudged to pay, &c., [or as the case may be], and to be disqualified, or the premises to be disqualified, [as the case may_be]. for J. C., clerk of the petty sessional division of conviction on a licence (Id. s. 25, subs. 2). To Mr. J. B., clerk of the licensing justices for the division (42) Notice to of [county]. I beg to give you notice pursuant to section 55, sub-section 4 of the Licensing Act, 1872, that A. B., of &c., a licensed victualler [or as the case may be], was this day convicted before J. S. and J. L., Esquires, two of the justices in petty sessions of [stating it and date shortly] under section the offence of clerk of licensing justices of re corded convictions on a licence (Id. subs. 4). Dated at this day of 187 J. C., clerk of the petty sessional To the officer of inland revenue at the excise appointed to issue (43) Notice to and clerk of licensing jus licences under the Licensing Act, 1872 [and to county]. tices of a forfeiture or disqualifica subs. 5). I beg to give you notice, pursuant to section 55, subsection 5 of the Licensing Act, 1872, that A. B., of &c., a licensed vic- tion (Id. tualler [or as the case may be], was this day convicted before J. S. and J. L., Esquires, two of the justices in petty sessions, of the offence of [stating it and date shortly] under section of the said act, and [amongst other things], pursuant to section 30, subsection 1, or 2 [or section 31, subsection 2, or 3] of the said act, the said justices ordered that the licence of the said 35 & 36 Vict. A. B. for the sale by retail of [as in the licence] should be C. 94. Id. s. 25, subs. 5. forfeited, [Or ordered that the said A. B. should be disqualified for the term of [Or ordered that the said premises should be disqualified Dated at this day of 187 J. C., clerk of the petty sessional division of CHAPTER XI. PENALTIES INCURRED BY UNLICENSED PERSONS FOR OFFENCES. to all offences THE 11 & 12 Vict. c. 43, s. 5 (set out ante, p. 154), Accessories equally applies to the offences described in this punishable as chapter. (1.) Offences punishable under the Licensing Act, 1872, infra. (2.) Offences punishable under other Acts, p. 207. principals. (1.) Offences punishable under the Licensing Act, 35 & 36 Vict. 1872. pro Offenders prosecuted under this act cannot be secuted under any other (sect. 59, ante, p. 24). The present act does not, therefore, operate as a repeal of other acts imposing different penalties or punishments for the same' offences. c. 94. Preliminary observations ; definitions of terms be fore given applicable; Reference, when necessary, should be made to Chap. I. for the definitions of the terms used in this division of this chapter, "licensed premises," "unlicensed premises," "intoxicating liquor," "court," &c.; also sect. 62 in note (a), p. 157, as to "proof of sale." The mode of recovery of all the penalties is dealt recovery of with especially in Chap. XII., p. 210. The defendant and his wife in all cases under the act are competent to give evidence (sect. 51, subsect. 4, in same chapter). penalties; -defendant a competent witness. The sect. 3, ante, pp. 155–157 (Chap. IX.), it will be seen, applies also to an unlicensed person selling, &c. intoxicating liquor. Sect. 4. "The occupier of any unlicensed premises on which any intoxicating liquor is sold, or if such premises are occupied by more than one person, every occupier thereof shall, if it be proved that he was privy or consenting to the sale, be subject to the penalties imposed upon persons for the sale of intoxicating liquors without licence." Sect. 3, ante, pp. 155-157, relates to occupiers and nonoccupiers who sell without licence; this section to a sale by a third person, to which the unlicensed person is privy, just as he would be liable under the General Excise Act, 6 Geo. 4, C. 81, s. 27. He will, under this enactment, be liable to the same penalties as imposed by sect. 3. Sect. 8, ante, p. 159 (Chap. IX.), applies also to an unlicensed person selling otherwise than by a standard measure. Sect. 9, ante, p. 160 (Chap. IX.), as to making an internal communication between licensed premises and places of public resort, equally applies to an unlicensed person. Sect. 11 (set out ante, p. 161, Chap. IX.) imposes a penalty on any person who "shall have any words or letters on his premises importing that he is authorized as a licensed person to sell any intoxicating liquor which he is not in fact authorized to sell." Sect. 12. "Every person found drunk in any highway or other public place (a), whether a building or not,—or on any licensed premises (b),—shall be liable to a penalty not exceeding ten shillings, and on a second conviction within a period of twelve months shall be liable to a penalty not exceeding twenty shillings, and on a third or subsequent conviction -- within such period of twelve months be liable to a 35 & 36 Vict. penalty not exceeding forty shillings (c). c. 94. first and offences. Ib. s. 12. Every person who in any highway or other public Penalties for place (d), whether a building or not, is guilty while subsequent drunk of riotous or disorderly behaviour,-or who is drunk while in charge on any highway or other public place (e) of any carriage, horse, cattle or steam engine, -or who is drunk when in possession of any loaded firearms, may be apprehended, and shall be liable to a penalty not exceeding forty shillings, or in the discretion of the court (f) to imprisonment with or without hard labour for any term not exceeding one month. Where the court commits any person to prison for Hard labour. nonpayment of any penalty under this section, the Ib. court may order him to be imprisoned with hard labour." premises sional c. 49, s. 20. For the purpose of so much of the principal act Offences on as relates to offences against public order, that is to with occasay, sections twelve to eighteen, both inclusive, and licence. the sections for giving effect to the same, a person 37 & 38 Vict. taking out an occasional licence shall be deemed to be a licensed person within the meaning of the said sections, and the place in which any intoxicating liquors are sold in pursuance of the occasional licence shall be deemed to be licensed premises, and to be the premises of the person taking out such licence. Section 12 of 35 & 36 Vict. c. 94, deals in the first paragraph with, (1) Mere drunkenness, not in any building, to which 21 Jac. 1, and in the second paragraph with, (4) Drunkenness in a highway or public place, accompanied with riotous or disorderly behaviour: (5) Drunkenness while the offender is in charge on a highway, &c. of a carriage, horse, cattle, or steam-engine: and, |